Jharkhand Judiciary — Prelims 2015

Correct answer: A

'One of my' takes a plural noun, so it should be 'One of my sisters'. The error is in part (a).

Correct answer: B

'Since 2014' with a continuing action requires the present perfect continuous, so 'has been (living)' is correct.

Correct answer: D

The idiom is 'agree with' (a person/everything they say); thus 'I don't agree with everything.'

Correct answer: C

A millennium is a period of one thousand years (Latin mille = thousand, annus = year).

Correct answer: B

Comparison of two places with 'than' requires the comparative form 'hotter'.

Correct answer: C

'Illegible' means that which cannot be read or deciphered.

Correct answer: D

A plural noun used in a general sense ('Tigers are ferocious') takes no article.

Correct answer: D

A sentence asking a question ('Can you lend me your pen, please?') is interrogative.

Correct answer: C

An ophthalmologist is a medical doctor specialising in disorders of the eye.

Correct answer: B

'Terrestrial' (Latin terra = earth/land) means connected with land/the earth.

Correct answer: C

Under Article 217 of the Constitution, Judges of High Courts are appointed by the President of India.

Correct answer: C

The Quit India Movement was launched by Gandhi/Congress in 1942.

Correct answer: B

Deficiency of Vitamin A causes night-blindness (nyctalopia).

Correct answer: C

Carbon dioxide is the principal greenhouse gas responsible for warming of the earth's surface.

Correct answer: A

The UN was formally established on 24 October 1945, when the Charter came into force.

Correct answer: A

Time magazine named German Chancellor Angela Merkel ('Markel' is a misspelling) as Person of the Year 2015.

Correct answer: B

Amaravati was developed as the new capital of Andhra Pradesh after bifurcation.

Correct answer: A

Justice Meenakshi Madan Rai was sworn in as the first woman judge of the Sikkim High Court.

Correct answer: B

'Wings of Fire' is the autobiography of Dr. A.P.J. Abdul Kalam (with Arun Tiwari).

Correct answer: A

Cristiano Ronaldo hails from Portugal.

Correct answer: A

Section 156(3) CrPC empowers a Magistrate competent under s.190 to order police investigation into a cognizable offence.

Correct answer: A

Non-cognizable offences (relatively minor, requiring complaint/warrant) are regarded as private wrongs under the scheme of the CrPC.

Correct answer: A

Section 159 CrPC empowers the Magistrate, on receiving a police report under s.157, to depute a subordinate Magistrate to hold a preliminary inquiry, or to inquire himself.

Correct answer: B

Under Section 167 CrPC, custody can be altered between police and judicial custody only during the first fifteen days of remand.

Correct answer: A

Under Section 199 CrPC, no court takes cognizance of defamation (Ch. XXI IPC) except on a complaint by the person aggrieved.

Correct answer: D

Section 223 CrPC, 1973 enumerates the categories of persons who may be charged and tried jointly (joint trial of several persons). Sections 219-222 deal with joining of charges against the same person.

Correct answer: B

The rule against double jeopardy, autrefois acquit and autrefois convict, is contained in Section 300 CrPC, 1973 (person once convicted or acquitted not to be tried for the same offence).

Correct answer: B

In State of Gujarat v. Salimbhai Abdulgaffar Shaikh (2003) 8 SCC 50, the Supreme Court held that under the POTA scheme, an accused must first move the Special Court for bail and can approach the High Court only by way of appeal under Section 34(4) POTA after refusal; the High Court cannot directly entertain a bail application under Section 439 CrPC.

Correct answer: B

The printed option 'V. Ramchandra v. M.C. Jagadodharana' is the conventionally keyed authority for the proposition that a Legal Remembrancer cannot be made ex-officio Public Prosecutor; case name is OCR-garbled and could not be independently confirmed against the exact citation, so flagged. Best guess (b).

Correct answer: B

Section 144 CrPC, 1973 empowers a Magistrate to issue orders in urgent cases of nuisance or apprehended danger. Section 146 deals with attachment of disputed property.

Correct answer: B

When a warrant cannot be executed, the court may issue a proclamation under Section 82 and order attachment of the absconder's property under Section 83 CrPC, 1973.

Correct answer: C

Chapter XXIA on Plea Bargaining, inserted by the Criminal Law (Amendment) Act, 2005 (effective 2006), comprises Sections 265A to 265L of CrPC, 1973.

Correct answer: B

Sections 252 and 255 fall in the trial of summons-cases; under them a Magistrate may convict the accused of any offence triable under Chapter XX (Trial of Summons-Cases by Magistrates) of CrPC, 1973.

Correct answer: D

In C. Magesh v. State of Karnataka, AIR 2010 SC 2768 / (2010) 5 SCC 645, the Supreme Court reiterated that the FIR is not substantive evidence and can only be used to corroborate (or contradict) its maker under Sections 157/145 of the Evidence Act.

Correct answer: C

In summons-cases and inquiries the Magistrate records a memorandum of the substance of the evidence (Section 274 CrPC); this memorandum is the only record of evidence in such proceedings.

Correct answer: A

In a sessions trial, if the accused is not acquitted under Section 232 CrPC, the court calls upon him to enter on his defence under Section 233 CrPC, 1973.

Correct answer: C

On anticipatory breach (Section 39, Indian Contract Act), the aggrieved party may either rescind immediately and sue, or keep the contract alive and wait till the date of performance. Hence he 'may wait till the date of performance'.

Correct answer: B

Acceptance need not be in writing; oral acceptance is valid. The statement 'Acceptance must be in writing' is not correct.

Correct answer: D

The doctrine of restitution against a person who has obtained benefit under a void agreement does not lie against a minor; 'restitution stops where repayment begins' (Leslie v. Sheill). It applies against minors only in the limited sense and the maxim restrains restitution from amounting to enforcement of a void contract.

Correct answer: B

Promissory estoppel is often described as a substitute for consideration, allowing enforcement of a promise that would otherwise lack consideration.

Correct answer: D

A change in the nature of the obligation by substituting a new contract for the old is novation under Section 62 of the Indian Contract Act, 1872.

Correct answer: C

A newspaper notice inviting tenders is not an offer but an invitation to offer (invitation to proposal); tenders submitted in response are the offers.

Correct answer: A

Every contract is an agreement (1, true) and every contract has a legally enforceable obligation (4, true). Not every agreement is a contract (2 false) and not every lawful civil obligation is a contract (3 false). Hence 1 and 4.

Correct answer: B

In Union of India v. Maddala Thathiah, AIR 1966 SC 1724, the tender to supply jaggery as and when required was held to be a standing offer, acceptance of which occurred each time a definite order (requisition) was placed.

Correct answer: A

The postal rule of Adams v. Lindsell (1818) was approved by the House of Lords in Dunlop v. Higgins (1848) 1 HL Cas 381, affirming that acceptance is complete on posting.

Correct answer: A

Per the contract-textbook MCQ key, an arbitration clause for application of foreign law is treated as opposed to public policy; however modern Indian authority (party autonomy) increasingly upholds such clauses, so the answer is contested. Best guess (a).

Correct answer: D

Krell v. Henry (1903) is the coronation frustration case; its facts attract Section 56 (frustration/impossibility of performance) of the Indian Contract Act, 1872, whereas Griffith v. Brymer (common mistake) attracts Section 20.

Correct answer: A

Section 65 of the Indian Contract Act, 1872 obliges a person who received any advantage under an agreement later discovered to be void (or a contract that becomes void) to restore it or compensate the person from whom he received it.

Correct answer: B

Under Section 130 of the Indian Contract Act, 1872, a continuing guarantee may at any time be revoked by the surety as to future transactions, by notice to the creditor.

Correct answer: B

For a valid pledge (Section 172 ICA) delivery of possession of goods may be either actual or constructive (e.g., symbolic delivery of documents of title), not necessarily physical/actual delivery.

Correct answer: C

Under Section 111 of the Transfer of Property Act, 1882, a lease of immovable property determines, inter alia, by efflux of the time limited thereby. Force majeure/frustration are not statutory modes of determining a lease.

Correct answer: B

Stem is OCR-truncated; it refers to estoppel of ownership (estoppel by title). Under estoppel a person may be precluded from denying ownership/title, so the closest fit is ownership.

Correct answer: D

Explanation 3 to Section 299 IPC states that causing the death of a child in the mother's womb is not homicide, but it may amount to culpable homicide if any part of the child has been brought forth.

Correct answer: D

Section 511 IPC (attempt to commit offences punishable with imprisonment) does not apply to attempt to murder, which is specifically and separately punishable under Section 307 IPC.

Correct answer: B

Under Section 351 IPC, assault is made by gesture or preparation; mere words do not amount to assault (though words may give a gesture/preparation the meaning of an assault). Hence assault cannot be caused by mere words alone.

Correct answer: C

Section 170 IPC penalises personating a public servant. (Section 171 punishes wearing garb or carrying token used by a public servant with fraudulent intent.)

Correct answer: D

In Dr. Vimla v. Delhi Administration (AIR 1963 SC 1572), the Supreme Court drew a clear distinction between 'dishonestly' (s.24) and 'fraudulently' (s.25) IPC, holding fraudulently requires deceit plus advantage/injury. Option (d) 'Vimla Devi v. Delhi Administration' refers to this case.

Correct answer: D

The shortest term of imprisonment under the IPC is imprisonment till the rising of the court, prescribed as a punishment under Section 510 IPC (misconduct in public by a drunken person). The minimum imprisonment is thus 'till rising of the court'.

Correct answer: A

Section 95 IPC (act causing slight harm) embodies the maxim 'de minimis non curat lex' — the law does not take account of trifles.

Correct answer: A

Section 97 IPC expressly makes the right of private defence subject to the restrictions contained in Section 99 IPC.

Correct answer: C

The third part of Section 105 of the Evidence Act (presumption of absence of circumstances bringing the case within a General Exception) is similar in language to Section 38 IPC. (Note: stem references 'Section 105'; the answer pairing in the key is Section 38 IPC.)

Correct answer: A

Section 114 IPC (abettor present when offence is committed) incorporates the English law concept of a 'principal in the second degree'.

Correct answer: A

The definition of criminal conspiracy in Section 120-A IPC is taken from Lord Brampton's (Hawkins, J.) dicta in Mulcahy v. Queen (1868) LR 3 HL 306 — an agreement of two or more to do an unlawful act or a lawful act by unlawful means.

Correct answer: B

Section 11 IPC defines 'person' to include any company, association or body of persons, so 'person' is not confined to a human being; hence homicide cannot be defined simply as killing of a person by a person.

Correct answer: D

Theft is defined in Section 378 IPC. The illustrations highlighting the requirement of possession are illustrations (d), (e), (f) and (g) to Section 378 IPC.

Correct answer: A

Larceny in English law required an intention to cause permanent gain/loss (lucri causa), whereas theft under Section 378 IPC requires only dishonest intention with moving of property; the distinction lies in 'permanent gain and loss' being contemplated by larceny.

Correct answer: A

Instigating another to commit an offence is abetment by instigation under Section 107 IPC, punishable even if the act abetted is not committed (Section 115/116). A who instigates B to murder C is guilty of abetment to commit murder.

Correct answer: A

Section 149 IPC (unlawful assembly/common object) creates a specific substantive offence, whereas Section 34 IPC (common intention) is only a rule of evidence/constructive liability and does not by itself create a distinct offence.

Correct answer: B

The CPC (Amendment) Act, 2002 amended Order XVIII Rule 4 to permit examination-in-chief of a witness to be given on affidavit. Hence evidence in the form of affidavits.

Correct answer: C

In R.M. Malkani v. State of Maharashtra (1973) the Supreme Court held a contemporaneous tape-recording of a relevant conversation is a relevant fact and is admissible in evidence.

Correct answer: C

Section 11 of the Indian Evidence Act (facts not otherwise relevant become relevant if inconsistent with a fact in issue) enables an accused to set up the plea of alibi.

Correct answer: D

A judicial admission (Section 58 Evidence Act) dispenses with the need for proof of the admitted fact; it operates as a waiver of proof.

Correct answer: B

Section 101 of the Indian Evidence Act defines burden of proof — whoever desires a court to give judgment as to any legal right or liability dependent on facts which he asserts must prove those facts.

Correct answer: B

Section 106 of the Evidence Act (burden of proving fact especially within knowledge) is an application of the principle res ipsa loquitur — the matter speaks for itself / facts within the special knowledge of a party.

Correct answer: C

Under Section 143 of the Indian Evidence Act, leading questions may always be asked in cross-examination.

Correct answer: C

The plea of alibi is governed by Section 11 of the Indian Evidence Act, 1872 (facts inconsistent with relevant facts / making existence of a fact highly improbable).

Correct answer: D

Under Sections 18-20 of the Evidence Act, admissions by a party are evidence against him and against persons claiming under him, i.e. privies in estate, in blood, and in law.

Correct answer: C

Communications made 'without prejudice' (in settlement negotiations) are protected and inadmissible in civil cases under Section 23 of the Indian Evidence Act, 1872.

Correct answer: C

Section 32 of the Evidence Act is the 'necessity rule' - statements of persons who are dead or cannot be found etc. are admissible out of necessity as an exception to the rule against hearsay.

Correct answer: C

The doctrine of res inter alios acta (similar facts / opinion as to relationship) relating to general reputation is received under Section 46 of the Evidence Act (facts bearing upon opinions of experts/relevant facts).

Correct answer: A

Section 92 of the Evidence Act, which excludes oral evidence to contradict the terms of a written document, applies only to bilateral documents (contracts, grants, dispositions of property).

Correct answer: B

Estoppel is a rule of evidence that must be specifically pleaded; it cannot be raised unless taken as a plea in the pleadings.

Correct answer: B

Zahira Sheikh was the prime witness in the Best Bakery case (Zahira Habibulla H. Sheikh v. State of Gujarat); the original trial culminated in 2004 acquittals, after which the Supreme Court ordered retrial.

Correct answer: B

Section 41 (final judgments in probate, matrimonial, admiralty, insolvency jurisdiction being judgments in rem) raises a rebuttable presumption of law as to the legal character/title conferred. Option (d) is a duplicate of (b); (b) is the intended key.

Correct answer: A

Pecuniary jurisdiction of courts is dealt with in Section 6 of the CPC, 1908.

Correct answer: A

Section 20 CPC (place of suing) does not apply to arbitration proceedings, which are governed by the Arbitration and Conciliation Act.

Correct answer: B

Under Order IV Rule 1(1) CPC, a suit is instituted by presenting a plaint to the Court (or such officer as it appoints).

Correct answer: C

A representative suit (on behalf of numerous persons having the same interest) is filed under Order I Rule 8 of the CPC.

Correct answer: D

Under Order XVI Rule 1 CPC, parties must present a list of witnesses within fifteen days of the date on which issues are settled.

Correct answer: D

Pleadings may be altered or amended under Order VI Rule 17 of the CPC.

Correct answer: D

A suit can be dismissed in default under Order IX Rule 3 (both parties absent) and Order IX Rule 8 (plaintiff absent, defendant present) of the CPC.

Correct answer: C

An application under Order IX Rule 7 CPC (to set aside the order proceeding ex parte) can be made at or before the next date of hearing, on showing good cause for previous non-appearance.

Correct answer: C

Judgment on admissions is given under Order XII Rule 6 of the CPC.

Correct answer: A

Judgment and decree are dealt with under Order XX of the CPC.

Correct answer: D

Provisions relating to interpleader suits are contained in Order XXXV of the CPC (with Section 88).

Correct answer: B

Order XII Rule 8 CPC pertains to notice to admit documents.

Correct answer: D

Section 151 CPC saves the inherent powers of the court, under which principles of equity, justice and good conscience are applied.

Correct answer: B

An award of a tribunal in a land acquisition case is not a decree within Section 2(2) CPC; an order of abatement and dismissal of an application for final decree being matters that may operate as adjudications, the award of tribunal is the recognised non-decree answer.

Correct answer: B

Under Section 9 CPC, suits for accounts are suits of a civil nature; suits for mere dignity/honour, political questions, or those expressly barred are not cognizable.

Correct answer: B

The material facts on which a party relies (which must be pleaded and proved) are called facta probanda; facta probantia are the facts by which they are proved (evidence).